Current through Register Vol. 54, No. 25, June 22, 2024
Section 91.301 - General checklist for registering marks used with articles or supplies(a) The following is a checklist for registration of a mark used with articles or supplies: (1) A mark is "used in this Commonwealth" when the name, mark or device is produced upon articles or supplies which are loaned, rented, sold or otherwise circulated in this Commonwealth. A mark is "produced upon" articles or supplies when it is branded, stamped, stenciled, engraved, etched, blown, embossed, impressed, embroidered, sewn or otherwise permanently placed upon articles or supplies. The term "mark" means any word, name, symbol, design or device, or combination thereof. A mark used with articles or supplies may be registered if it is produced upon an item which is designed and intended for reuse in the normal course of trade by the registrant and includes items such as towels, coats, aprons, uniforms, toilet devices and accessories therefor supplied for hire or compensation, and vessels, receptacles and utensils used as packages or containers in the sale and distribution of a natural or processed product, compound, mixture or substance, or combination thereof, and parts and accessories for these vessels, receptacles and utensils.(2) Prepare and submit Form DSCB:54-1511 (Application for Registration of Mark Used with Articles or Supplies).(3) Submit a check or money order payable to the Department in the amount of $52. Cash is not accepted.(4) The application will not be examined to determine whether the mark to be registered is the same as or confusingly similar to a mark used with articles or supplies currently registered to another registrant. It is the responsibility of the applicant to determine that no conflict exists.(5) The registration is effective until January 1, 2001, and will continue in effect for additional terms of 10 years each if Form DSCB:54-1515 (Decennial Report-Mark Used with Articles or Supplies) is timely filed in the year 2000 and each year thereafter divisible by 10.(6) Changes of name or address may be effected by filing Form DSCB:54-1512 (Application for Amendment of Registration of Mark Used with Articles or Supplies).(b) The Department will process the Form DSCB:54-1511, file the application and endorse the fact and date of filing thereon, and return the form to the applicant. A separate certificate will not be issued.The provisions of this § 91.301 adopted April 17, 1992, effective 4/18/1992, 22 Pa.B. 1993.